[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 6-11-1931 by Ord. No. 9; amended in its entirety 3-1-1979 by L.L. No. 10-1979 (Ch. 29 of the 1968 Compilation). Subsequent amendments noted where applicable.]
[Added 5-25-1978 by L.L. No. 4-1978]
Definitions and word usage.
As used in this section, the following terms shall have the meanings indicated:
- CANVASS AND CANVASSER
- Shall be considered as synonymous with the terms "solicit" and "solicitor."
- Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- To go from house to house, from store to store, from place to place or from street to street or to stand in a fixed or stationary position, or any combination thereof, to sell and make immediate delivery or offer for sale and delivery any goods, wares, merchandise or provisions in possession of the seller at any place within the Village of Sag Harbor other than from a fixed place of business. The word "peddle" shall also mean any solicitation for towing, sale or offer of sale of merchandise or services or offer of services at or near the place of a motor vehicle accident.
- Any person 16 years of age or older, or any company that peddles, as herein defined, whether directly or indirectly and whether in person or through another person or employee. The word "peddler" shall include a hawker and a huckster.
- PEDDLING VEHICLE
- A vehicle, as defined in the Vehicle and Traffic Law of the State of New York, particularly designed or used for the sale at the vehicle of food, beverages, ice cream and other items intended for human consumption or for the sale of merchandise at the vehicle or for services rendered or to be rendered in, on or at the vehicle as, for example, in the sharpening of tools and lawn mowers.
- Any person 16 years of age or older, any firm, partnership, association, corporation, company or organization of any kind or any combination thereof.
- PRIVATE PREMISES
- Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited, temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACES
- Any and all streets, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, spaces, plazas, grounds and buildings.
- To go from house to house, street to street, place to place or from store to store, to sell or take orders for goods, wares, merchandise or provisions for future delivery or for services performed or for information to be obtained or to distribute advertising matter or for the purpose of obtaining contributions of money or of goods, wares or provisions at any place within the Village of Sag Harbor.
- Any person 16 years of age or older, or any company that solicits, as herein defined, whether directly or indirectly and whether in person or through another person or employee. The word "solicitor" shall also include a canvasser.
Words singular in form may include the plural, and any words plural in form may include the singular, and words in the masculine gender shall include the feminine and neuter genders.
License required; responsibility of employer.
It shall be unlawful for any person to peddle or solicit within the Village of Sag Harbor without having first obtained a valid license therefor, as provided hereunder.
Every employer who hires a person to peddle or solicit on his behalf shall share the same responsibility with respect to penalties hereunder, in the event that said person shall peddle or solicit without having first obtained a valid license.
Application for license. Applicants for a license under this section must file with the Board of Trustees, Village of Sag Harbor, an application in the form of a sworn affidavit, in duplicate, which shall give the following information:
The name and description of the applicant.
The address of the applicant.
A brief description of the nature of the business and the kind of goods or property to be peddled or solicited.
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or offense against any municipal ordinance or local law, the nature of the offense and the punishment or penalty assessed therefor.
Two photographs of the applicant taken not more than 60 days prior to the date of filing of the application, which pictures shall not be larger than 1 1/2 by 1 1/2 inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
For identification purposes, a statement that the applicant is a citizen and whether citizenship was obtained by birth or naturalization and, if by naturalization, the date and place where citizenship was obtained. If the applicant is an alien, he must submit proof of legal entry into the United States of America.
If the applicant is employed to peddle, solicit or canvass, the name and address of his employer, together with credentials establishing the precise employment relationship, shall be submitted.
In any application for a license or renewal hereunder, the applicant shall produce a valid certificate of registration and certificate of authority as required by the New York State Department of Taxation and Finance.
Investigation; issuance of license.
Upon receipt of the sworn application, the Village Clerk shall forward a copy thereof to the Sag Harbor Village Police Department for an investigation of the applicant.
If the investigation shall establish that the applicant has a police record, the Sag Harbor Village Police Department shall attach a copy thereof to the application and return both to the Board of Trustees. If no police record is found, a statement to this effect shall be attached to the application, in lieu of the police record.
If the investigation shall satisfy the Board of Trustees that the applicant is a fit and proper person to hold a peddler's license, the application shall be favorably received; otherwise it shall be denied.
Upon the return of an application and approval by the Board of Trustees, the Village Clerk shall prepare and issue to the applicant his license and tag. The license shall contain the seal of the Village, the signature of the issuing officer, the name, address and photograph of the licensee, the kind of goods to be peddled or solicited thereunder or the purpose of the license, the amount of fee paid, the license number, the date of issuance and date of expiration of such license, as well as the state license number or other identifying description of the vehicle, if for a vehicular license.
No license shall be issued by the Village Clerk unless all conditions imposed by this chapter are fully complied with to the satisfaction of the Board of Trustees.
No license shall be issued by the Village Clerk to any minor under 16 years of age.
The Village Clerk shall keep a record of all licenses issued.
Other licenses, permits and certificates; signs.
If the applicant for a peddler's or solicitor's license uses scales or measures in his business, he shall also file with his application for a license a certificate issued by the Suffolk County Department of Consumer Affairs, Weights and Measures Division, that his scales or measures have been tested and sealed.
If the applicant for a license is to handle food in any form, he will be required to submit with his application evidence that he has complied with the provisions of the Suffolk County Department of Health Services.
Any person or any employee of any organization who is required to be registered with the New York State Department of Social Services, under the provision of the Social Services Law of the State of New York relating to the solicitation and collection of funds for charitable purposes, must exhibit evidence of this registration to the satisfaction of the Board of Trustees.
Every peddling vehicle licensed pursuant to this section shall be equipped in the front and rear with a sign inscribed with the legend "Caution. Watch out for children."
Fees; exemption for veterans.
For each person proposing to peddle or solicit, whether on foot, from a licensed vehicle or otherwise, the annual fee shall be $50.
For each vehicle not exceeding a gross weight of 5,000 pounds, the annual fee shall be $25; for each additional 1,000 pounds or major fraction thereof, the annual fee shall be $25 up to a maximum annual fee of $100.
In the event of the loss or destruction of any personal or vehicle license certificate, license plate or license badge issued pursuant to this section, the certificate, plate or badge may be replaced by application therefor to the Village Clerk, together with the return of the accompanying certificate, plate or badge, where feasible, and the payment of a fee of $10.
For each vehicle substituted or replaced by another vehicle, the fee shall be $10.
The annual fees herein provided for shall be assessed and paid annually on a calendar-year basis. All licenses issued pursuant to this section shall expire on the last day of December next following the date of issuance. No reduction or allowance shall be made in fees for licenses issued for a fractional part of the year.
Annual fees shall include the fee for the application for a license and shall not be refundable in the event the application is denied.
Any honorably discharged veteran of the armed services of the United States who has obtained a veteran's license from the Suffolk County Clerk to hawk, peddle, vend or solicit trade pursuant to law shall be exempt from the provisions of this section. In lieu of a license and license plate, as prescribed herein, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to peddle or solicit within the Village of Sag Harbor subject to all other provisions of this section. In addition to the issuance thereof, said permit number and other pertinent information shall be stamped in ink on the county license. If the veteran uses a commercial or suburban vehicle in his trade, the Village Clerk shall issue, at no fee to the veteran, a metal or plastic license plate similar to that hereinabove prescribed, with the addition of the word "veteran" on the plate. This plate will be issued only if the vehicle is registered in the name of and operated by the veteran. If the veteran operates more than one vehicle in his trade, then each vehicle in excess of one shall be licensed upon payment of the proper fee as herein prescribed.
License plates and badges; issuance; form; display; transferability.
To each person licensed pursuant to this section, the Village Clerk shall issue a badge made of durable material which shall bear the word "peddler" or "solicitor," the number of the license and the calendar year for which it was issued in characters or figures which are permanent or plainly discernible. The badge shall be worn constantly by the licensee on his outer garment in such a way as to be conspicuous during the time the licensee is peddling or soliciting for the purpose for which he has been licensed.
For each vehicle licensed pursuant to this section, the Village Clerk shall issue a license made of durable material which shall bear the word "peddler," the number of the license and the calendar year for which the license is issued, in character or figures which are permanent or plainly discernible. The license plate shall be attached to the rear of each vehicle in a conspicuous place and shall be kept clear and readable at all times.
No license, license plate or badge issued pursuant to the provisions of this section may be transferred from one person to another person or from one vehicle to another vehicle, nor shall the badge so issued be used or worn at any time by any person other than the one to whom it was issued.
Every peddler or solicitor licensed pursuant to this section shall have his license in his immediate possession at all times when peddling or soliciting and shall display same upon the demand of any person.
Persons and activities exempt from the application of this section.
With the exception of § 197-1K(2), in relation to the time of day soliciting is permitted, this section shall not apply to duly organized religious corporations and religious agencies, educational institutions, fraternal, patriotic, social and alumni organizations and others mentioned as exempt from the provisions of Article 10-A of the Social Services Law regarding the registration of a charitable organization with the State Department of Social Services, nor to any political organization or any division, branch, part or representative thereof.
This section shall not apply to persons engaged in the distribution of a newspaper published at stated intervals for the purpose of conveying news to its subscribers or buyers.
The provisions of this section, including those which relate to the time of day that soliciting is permitted, shall not apply to agents or personnel representing any private or public utility or transportation corporations incorporated under the laws of the State of New York.
This section shall not apply to any person who keeps, maintains or operates a store, market, shop or similar permanent place of business whereby he operates, runs or uses a cart, wagon, truck or other vehicle for the purpose of making deliveries of goods, wares, merchandise or provisions bought or ordered at his place of business, nor to any person solely engaged in the business of delivering goods, wares, merchandise or provisions for or on behalf of one or more places of business.
Registration with state; record. Any person required by the provisions of Article 10-A of the Social Services Law of the State of New York to register with the State Department of Social Services must, whether or not otherwise required to be licensed under the provisions of this section, exhibit to the Board of Trustees evidence of the registration. The Village Clerk shall keep a record of all persons intending to solicit within the Village of Sag Harbor who have registered under Article 10-A of the Social Services Law, along with a description of the activities for which they have so registered.
Restrictions on use of public ways; determination of police officers.
It shall be unlawful for any peddler or solicitor to have any exclusive right to any location in any street or on any public property in accordance with the following prohibitions:
It shall be unlawful for any person to solicit or peddle within 200 feet of any place used or occupied as or for the purpose of a public or private school or to permit his cart, wagon or vehicle to stand on any street or public place within 200 feet of such school property.
A peddler or solicitor shall not be permitted to stand in one place for more than 15 minutes.
A peddler or solicitor shall not be permitted to stop within 200 feet of a previous stop.
A peddler or solicitor shall not be permitted to peddle or solicit in any congested area where his operation might impede pedestrian or vehicular traffic.
It shall be unlawful for any peddler or solicitor to peddle or solicit any business whatsoever at the scene of an accident involving one or more motor vehicles within the Village of Sag Harbor.
For the purpose of this section, the judgment of any peace officer or police officer exercised in good faith shall be deemed conclusive as to the existence of congestion and as to whether there is any impediment of pedestrian or vehicular traffic.
It shall be unlawful for any peddler to peddle upon or within any street or other public place or any public or private off-street parking area within the VB Village Business District as defined in the Zoning Code of the Village of Sag Harbor.
[Added 9-2-1986 by L.L. No. 10-1986]
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting except upon the express invitation or permission of the owner, occupant or lessee.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m., prevailing time, or after 1/2 hour before sunset or 7:00 p.m., prevailing time, whichever is earlier, on any day of the week, except at the express invitation of the owner or occupant.
Revocation of license.
Licenses issued under the provisions of this section may be revoked by the Board of Trustees, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler or solicitor.
Any offense against this section.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the inhabitants of the Village of Sag Harbor.
The peddling of any goods or property not described in the application for a license herein or the peddling of any goods or properties which are dangerous or injurious to the purchaser, especially to a child.
Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing. The decision and order of the Board of Trustees shall be final and conclusive.
Enforcement; reports and records of offenses. It shall be the duty of all duly authorized peace officers and of any police officer of the Village of Sag Harbor to enforce the provisions of this section, to make arrests or issue appearance tickets or other legal process for offenses against the provisions of this section and to report to the Board of Trustees all offenses observed, whether or not any criminal prosecution is based thereon. The Board of Trustees shall record all reports of offenses and convictions for offenses against this section.
[Amended 5-25-1978 by L.L. No. 4-1978; 8-8-2017 by L.L. No. 11-2017]
All persons in violation of § 197-1B(1) of this Chapter 197 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $100 shall be added to all other fines and penalties previously assessed.
Any person, firm or corporation violating any other provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.